Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When an accident-related injury prevents you from working, Ohio law offers several avenues to recover lost wages. Understanding each option helps you make informed decisions.
1. Workers’ Compensation Benefits
If your injury arises out of and in the course of employment, you can file a workers’ compensation claim. Ohio Revised Code §4123.56 (link) provides wage-loss benefits equal to two-thirds of your average weekly wage, subject to statutory minimums and maximums. These benefits start after any applicable waiting period.
2. Third-Party Personal Injury Claim
When a negligent third party causes your accident—such as a careless driver or property owner—you may pursue a tort claim. Under Ohio Revised Code §2315.18 (link), you can recover past and future lost earnings, fringe benefits, overtime and bonuses. To succeed, you must prove the at-fault party owed you a duty, breached it, and directly caused your financial loss.
3. Auto Insurance Coverages
If your injury results from a motor vehicle collision, your auto policy may cover wage loss:
- Personal Injury Protection (PIP): Mandatory in Ohio under Ohio Revised Code §3937.18 (link), PIP pays lost income up to the policy limit regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has insufficient insurance, UM/UIM benefits can compensate you for wage losses up to your coverage limits.
4. Disability Benefits
Short-Term and Long-Term Disability Insurance: Many employers offer disability plans that replace a portion of your wages. Review your policy’s definition of disability and benefit levels.
Social Security Disability Insurance (SSDI): A federal program for those with severe, long-term disabilities. If you meet the medical eligibility criteria, SSDI may provide monthly income. See the Social Security Administration at ssa.gov/benefits/disability.
Helpful Hints
- Keep detailed records of missed workdays, pay stubs and wage statements.
- Report your injury to your employer immediately to preserve workers’ comp rights.
- Mark critical deadlines: most tort claims must file within two years under Ohio Revised Code §2305.10 (link).
- Collect medical records, bills and witness statements to establish causation and damages.
- Consult an attorney early to evaluate your claim options and meet all procedural requirements.